Illinois Archives - Ogletree Deakins

The Who, What, and When on Illinois’s Mandatory Sexual Harassment Prevention Training

Now a little more than one month into the new year, Illinois employers are under pressure to comply with several new laws increasing protections against discrimination and harassment. Among them, amendments to the Illinois Human Rights Act require employers to provide sexual harassment prevention training before December 31, 2020, and each calendar year after that. New guidance published January 31, 2020, by the Illinois Department of Human Rights (IDHR) clarifies key aspects of the new law.

Colleen G. DeRosa Chicago Author

Melissa A. Ortega Chicago Author

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

Charles E. McDonald, III Greenville Author

Illinois Governor Signs Employer-Friendly Amendments to Recreational Marijuana Law

In order to address employer concerns regarding the Illinois Cannabis Regulation and Tax Act, the Illinois General Assembly amended the Act via a trailer bill, Senate Bill 1557, during the fall legislative session. On December 4, 2019, Governor Pritzker signed the legislation into law as Public Act 101-0593. The changes took effect with the governor’s signature.

Jennifer L. Colvin Chicago Author

Michael V. Furlong Chicago Author

The Artificial Intelligence Video Interview Act: Privacy Implications of Illinois’s AI Statute

It’s time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois employers’ use of artificial intelligence (AI) in the interview and hiring process.

Danielle Vanderzanden Boston
Portland (ME) Author

Karen E. Smeda Tampa Author

Anne E. Larson Chicago Author

Illinois Can See Clearly Now: State Legislates Workplace Transparency

Our June 2019 article “discussed four new bills targeting equity, transparency, and discrimination, including the Workplace Transparency Act (WTA), which was awaiting the signature of Governor J.B. Pritzker. As expected, Governor Pritzker signed Senate Bill 75—a sweeping piece of legislation that places new restrictions on Illinois employers and is designed to prevent harassment and discrimination in the workplace.

Jennifer L. Colvin Chicago Author

Bradley W. Tharpe St. Louis Author

Construction One-Minute Read: Illinois Restricts Retainage on Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction projects.

Eric A. Berg Chicago Author

Illinois Governor Signs Changes to State Equal Pay Act Including Salary History Ban

As we previously reported, the Illinois legislature passed House Bill 834 and Governor J. B. Pritzker signed the bill into law. It will become effective September 29, 2019. The new law prohibits employers from requesting or requiring prospective employees to provide their salary histories as a condition of being considered for employment.

Sarah J. Platt Milwaukee Author

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances of insubordinate and adversarial behavior. In addition, he hurt himself on the job, filed a workers’ compensation claim, and presented medical restrictions. In his mind, he cannot believe that he was the problem. So he sues, alleging that you failed to accommodate his disability and unlawfully terminated his employment.

Bernard J. Bobber Milwaukee Author

Kayla A. McCann Milwaukee Author

Chicago City Council Passes Sweeping Scheduling Ordinance

On July 24, 2019, the Chicago City Council passed the most sweeping predictive scheduling ordinance in the country to date. Effective July 1, 2020 (January 1, 2021, for “safety-net” hospitals), the Chicago Fair Workweek Ordinance will require 10 days’ advance notice of work schedules for certain workers in the building services, healthcare, hotel, manufacturing, restaurant, retail, and warehouse services industries.

Thomas E. Deer Chicago
Indianapolis Author

Seventh Circuit Holds That Obesity Alone Is Not a Protected Disability Under the ADA

In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a protected disability under the Americans with Disabilities Act (ADA) unless a plaintiff can demonstrate that it is caused by an underlying physiological disorder or condition. With the decision, the Seventh Circuit brought clarity to a novel issue previously unresolved for employers in Illinois, Indiana, and Wisconsin.

Eric E. Hobbs Milwaukee Author

Jesse R. Dill Milwaukee Author

Construction One-Minute Read: Illinois Fails to Make General Contractors Responsible for All Wages on Private Projects

The big legislative news in Illinois this spring concerned the passage of a law permitting marijuana for recreational use, beginning January 1, 2020. This development overshadowed other news affecting the construction industry—most notably, a failed attempt to make general contractors on every private project responsible for all unpaid wages to all workers.

Jonathan M. Mraunac Chicago Author

Keeping an Eye on Artificial Intelligence Regulation and Legislation

More and more organizations are beginning to use or expand their use of artificial intelligence (AI) tools and services in the workplace. Despite AI’s proven potential for enhancing efficiency and decision-making, it has raised a host of issues in the workplace which, in turn, have prompted an array of federal and state regulatory efforts that are likely to increase in the near future.

Jennifer G. Betts Pittsburgh Author

Legalized Cannabis in Illinois: What Employers Need to Know

On May 29, 2019, the Illinois Senate passed Illinois House Bill (HB) 1438, which will legalize recreational marijuana in the state. This bill, known as the “Cannabis Regulation and Tax Act,” is expected to be signed into law by Illinois governor J. B. Pritzker, since he campaigned for office on a promise to legalize recreational marijuana.

Michael V. Furlong Chicago Author

Jennifer L. Colvin Chicago Author

#MeToo-Inspired Laws Hit the Midwest: Illinois Passes Anti-harassment, Pay Equity, and Board Diversity Legislation

After ending 2018 with a slew of new employment laws, Illinois continues to enact legislation impacting employers. Following the example set by California, Washington, and other states recently, the Illinois legislature passed four new bills targeting equity, transparency, and discrimination last week, and Governor J. B. Pritzker is expected to sign them into law.

Kayla A. McCann Milwaukee Author

Sarah J. Platt Milwaukee Author

Christine Bestor Townsend Milwaukee
Chicago Author

Share and Share Alike: Sharing Essential Job Functions May Qualify as a Reasonable Accommodation

On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from performing certain job functions does not render the function nonessential and finding that sharing tasks may be a reasonable accommodation.

Stacy M. Bunck Kansas City Author

Illinois’s Valentine’s Day Gift to Employees: A $15 Minimum Wage

On February 14, 2019, the Illinois legislature passed Senate Bill 0001 (SB0001), which amends the Illinois Minimum Wage Law and the Illinois Income Tax Act.

Jennifer L. Colvin Chicago Author

Joseph T. Charron Chicago Author

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some actual injury or harm” are not actionable.

Anne E. Larson Chicago Author

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability.

Eric A. Berg Chicago Author

Illinois Rings in the New Year With New Employment Laws

As we prepare to welcome 2019, Illinois employers must also prepare for new employment laws that afford greater rights and protections to employees.

Joseph T. Charron Chicago Author

State-by-State Minimum Wage Updates for 2019 and Beyond

In 2019, a number of states’ minimum wage rates will increase.

Charles E. McDonald, III Greenville Author

Illinois Enacts Expansive Job Protection Statute for Military Service Members

Effective January 1, 2019, the rights of Illinois employees serving in the military will be governed by the Illinois Service Member Employment and Reemployment Rights Act (ISERRA), Public Act 100-1101.

Recent Employee-Friendly Amendments to the Illinois Human Rights Act Include Updated Posting and Handbook Requirements

Recent amendments to the Illinois Human Rights Act (IHRA) broaden employee rights and impose new, immediate notice requirements on employers.

Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?

On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker.

Jonathan M. Mraunac Chicago Author

DOJ’s Recent Website Accessibility Letter Reaffirms Obligations While Opening the Door to a Due Process Defense

The Department of Justice has finally broken its long silence on website accessibility under the Americans with Disabilities Act (ADA), and the news is both good and bad.

David Raizman Los Angeles Author

Jennifer S. Rusie Nashville Author

Effective Use of the Subcontractor’s Sworn Statement

The subcontractor’s sworn statement is one of most effective tools that contractors can use to ensure that lower-tier subcontractors and suppliers receive adequate payment throughout the job, yet many contractors either fail to appreciate how the sworn statement works or simply fail to utilize it, thereby increasing their risk of mechanics liens, bond claims, and double payments.

Randolph E. Ruff Chicago Author

Illinois Employers Face New Expense Reimbursement Requirements

On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to include the requirement that employers reimburse employees for all expenses within the scope of their employment that are “directly related to services performed for [their] employer[s].”

Joseph T. Charron Chicago Author

Illinois Governor Vetoes Retainage Reform Bill

Illinois Governor Bruce Rauner vetoed Senate Bill 3052, commonly known as the retainage reform bill, on August 24, 2018.

Randolph E. Ruff Chicago Author

Jonathan M. Mraunac Chicago Author

Eric A. Berg Chicago Author

2018 Midyear Minimum Wage Increases

On July 1, 2018, a number of states’ and localities’ minimum wage increases went into effect.

Charles E. McDonald, III Greenville Author

Construction One-Minute Read: Proving Change Orders in Illinois

The basic requirements for proving a change order are firmly established under Illinois law. To obtain relief for a disputed change order, a contractor must show five things.

Jonathan M. Mraunac Chicago Author

10 Answers to FAQs Regarding the Illinois Day and Temporary Labor Services Act

Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018. Staffing agencies (also known as “suppliers”) and user employers (“users”) are finding that some of the law’s requirements are not lessons in clarity.

Tobias E. Schlueter Chicago Author

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